The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7959
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 3, 2021
                                ___________
 
 Introduced by M. of A. STIRPE -- read once and referred to the Committee
   on Labor
 
 AN  ACT to amend the labor law, in relation to the calculation of weekly
   employment insurance benefits for certain workers; to amend a  chapter
   of the laws of 2021 amending the labor law relating to the calculation
   of  weekly employment insurance benefits for workers who are partially
   unemployed, as proposed in legislative bills numbers S. 1042-A and  A.
   2355-A,  in  relation  to  the  effectiveness  thereof;  and to repeal
   certain provisions of the labor law relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 524 of the labor law, as added by chapter 5 of the
 laws of 2000, is amended to read as follows:
   § 524. Week of employment. For purposes  of  this  article,  "week  of
 employment"  shall  mean  a  Monday through Sunday period during which a
 claimant was paid remuneration for employment for an employer or employ-
 ers liable for contributions or for payments in  lieu  of  contributions
 under  this  article.  A  CLAIMANT WHO IS EMPLOYED ON A SHIFT CONTINUING
 THROUGH MIDNIGHT IS DEEMED TO HAVE BEEN EMPLOYED ON  THE  DAY  BEGINNING
 BEFORE  MIDNIGHT  WITH  RESPECT  TO SUCH SHIFT, EXCEPT WHERE NIGHT SHIFT
 EMPLOYEES ARE REGULARLY SCHEDULED TO START THEIR WORK WEEK AT SEVEN POST
 MERIDIEM OR THEREAFTER ON SUNDAY NIGHT, THEIR REGULARLY SCHEDULED START-
 ING TIME ON SUNDAY SHALL BE CONSIDERED AS STARTING ON MONDAY.
   § 2. Subparagraph 2 of paragraph (e) of subdivision 1 of  section  581
 of  the  labor law, as amended by a chapter of the laws of 2021 amending
 the labor law relating to the calculation of weekly employment insurance
 benefits for workers who are partially unemployed, as proposed in legis-
 lative bills numbers S. 1042-A and A. 2355-A,  is  amended  to  read  as
 follows:
   (2)  Benefits  payable  to any claimant with respect to the claimant's
 then current benefit year shall be charged, when paid, to the account of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11768-01-1

 A. 7959                             2
 
 the last employer prior to the filing of a valid original  claim  in  an
 amount  equal  to  seven  times the claimant's benefit rate. Thereafter,
 such charges shall be made to the account of each employer in  the  base
 period used to establish the valid original claim in the same proportion
 that  the remuneration paid by each employer to the claimant during that
 base period bears to the remuneration  paid  by  all  employers  to  the
 claimant during that base period except as provided below:
   (i)  In  those instances where the claimant may not utilize wages paid
 to establish entitlement based upon  subdivision  ten  of  section  five
 hundred  ninety  of  this  article and an educational institution is the
 claimant's last employer prior to the filing of the claim for  benefits,
 or  the  claimant  performed services in such educational institution in
 such capacity while employed by an educational service agency  which  is
 the  claimant's last employer prior to the filing of the claim for bene-
 fits, such employer shall not be liable for  benefit  charges  [for  the
 first  seven effective weeks of benefits paid] IN AN AMOUNT EQUAL TO THE
 BENEFIT PAID FOR SEVEN WEEKS OF TOTAL EMPLOYMENT as  otherwise  provided
 by  this  section.  Under  such  circumstances,  benefits  paid shall be
 charged to the general account. In addition, wages paid during the  base
 period  by such educational institutions, or for services in such educa-
 tional institutions for claimants employed  by  an  educational  service
 agency  shall  not  be  considered base period wages during periods that
 such wages may not be used to gain entitlement to benefits  pursuant  to
 subdivision ten of section five hundred ninety of this article.
   (ii)  In those instances where the claimant may not utilize wages paid
 to establish entitlement based upon subdivision eleven of  section  five
 hundred  ninety  of  this  article and an educational institution is the
 claimant's last employer prior to the filing of the claim for  benefits,
 or  the  claimant  performed services in such educational institution in
 such capacity while employed by an educational service agency  which  is
 the  claimant's last employer prior to the filing of the claim for bene-
 fits, such employer shall not be liable for  benefit  charges  [for  the
 first  seven effective weeks of benefits paid] IN AN AMOUNT EQUAL TO THE
 BENEFIT PAID FOR SEVEN WEEKS OF TOTAL EMPLOYMENT as  otherwise  provided
 by this section. Under such circumstances, benefits paid will be charged
 to  the  general account. In addition, wages paid during the base period
 by such educational institutions, or for services  in  such  educational
 institutions  for  claimants  employed  by an educational service agency
 shall not be considered base period wages during periods that such wages
 may not be used to gain entitlement to benefits pursuant to  subdivision
 eleven of section five hundred ninety of this article. However, in those
 instances  where  a  claimant was not afforded an opportunity to perform
 services for the educational institution for the next academic  year  or
 term  after  reasonable  assurance  was provided, such employer shall be
 liable for benefit charges as provided for in  this  paragraph  for  any
 retroactive payments made to the claimant.
   (iii)  In  those  instances where the federal government is the claim-
 ant's last employer prior to the filing of the claim  for  benefits  and
 such  employer  is  not  a  base-period employer, payments equaling [the
 first seven effective weeks of benefits] AN AMOUNT EQUAL TO THE  BENEFIT
 PAID FOR SEVEN WEEKS OF TOTAL EMPLOYMENT as otherwise prescribed by this
 section  shall  be  charged  to  the general account. In those instances
 where the federal government is the claimant's last  employer  prior  to
 the  filing  of  the claim for benefits and a base-period employer, such
 employer shall be liable for charges for all benefits paid on such claim
 in the same proportion that  the  remuneration  paid  by  such  employer

 A. 7959                             3
 
 during  the  base period bears to the remuneration paid by all employers
 during the base period. In addition, benefit payment  charges  [for  the
 first seven effective weeks of benefits] IN AN AMOUNT EQUAL TO THE BENE-
 FIT PAID FOR SEVEN WEEKS OF TOTAL EMPLOYMENT other than those chargeable
 to  the  federal  government  as  prescribed  above shall be made to the
 general account.
   (iv) In those instances where a combined wage claim is filed  pursuant
 to  interstate  reciprocal  agreements  and the claimant's last employer
 prior to the filing of the claim is an out-of-state  employer  and  such
 employer  is  not a base-period employer, benefit payments [equaling the
 first seven effective weeks of benefits] IN AN AMOUNT EQUAL TO THE BENE-
 FIT PAID FOR SEVEN WEEKS OF TOTAL EMPLOYMENT as otherwise prescribed  by
 this section shall be charged to the general account. In those instances
 where the out-of-state employer is the last employer prior to the filing
 of the claim for benefits and a base-period employer such employer shall
 be  liable  for  charges for all benefits paid on such claim in the same
 proportion that the remuneration paid by such employer during  the  base
 period  bears  to the remuneration paid by all employers during the base
 period. In addition, benefit payment charges [for  the  seven  effective
 weeks  of  benefits]  IN  AN  AMOUNT EQUAL TO THE BENEFIT PAID FOR SEVEN
 WEEKS OF TOTAL EMPLOYMENT other than those  chargeable  to  the  out-of-
 state employer as prescribed above shall be made to the general account.
   (v)  In those instances where the last employer prior to the filing of
 a valid original claim has  paid  total  remuneration  to  the  claimant
 during  the  period  from the start of the base period used to establish
 the benefit claim until the date of the claimant's filing of  the  valid
 original  claim  in an amount less than or equal to six times the claim-
 ant's benefit rate and the last employer has substantiated  such  amount
 to  the  satisfaction of the commissioner within ten days of the commis-
 sioner's original notice of potential charges to  such  last  employer's
 account,  benefits  shall be charged as follows: benefits payable to the
 claimant with respect to the claimant's then current benefit year  shall
 be charged, when paid, to the account of such last employer prior to the
 filing  of a valid original claim in an amount equal to the lowest whole
 number (one, two, three, four, five, or six) times the claimant's  bene-
 fit  rate where the product of such lowest whole number times the claim-
 ant's benefit rate is equal to or greater than such  total  remuneration
 paid  by  such  last employer to the claimant.  Thereafter, such charges
 shall be made to the account of each employer in the base period used to
 establish the valid original claim  in  the  same  proportion  that  the
 remuneration  paid  by  each  employer  to the claimant during that base
 period bears to the remuneration paid by all employers to  the  claimant
 during  that  base  period.  Notice  of  such recalculation of potential
 charges shall be given to the last employer and  each  employer  of  the
 claimant in the base period used to establish the valid original claim.
   § 3. Paragraph (d) of subdivision 5 of section 590 of the labor law is
 REPEALED.
   §  4.  Subdivision  1  of  section 591 of the labor law, as amended by
 section 12 of a chapter of the laws  of  2021  amending  the  labor  law
 relating  to the calculation of weekly employment insurance benefits for
 workers who are partially unemployed, as proposed in  legislative  bills
 numbers S.  1042-A and A. 2355-A, is amended to read as follows:
   1.  Unemployment. Benefits, except as provided in section five hundred
 ninety-one-a of this title, shall be paid only  to  a  claimant  who  is
 totally  unemployed or partially unemployed [and who is unable to engage
 in his usual employment or in any  other  for  which  he  is  reasonably

 A. 7959                             4

 fitted by training and experience]. A claimant who is receiving benefits
 under  this  article  shall not be denied such benefits pursuant to this
 subdivision or to subdivision two of this section because of such claim-
 ant's  service  on  a  grand or petit jury of any state or of the United
 States.
   § 5. Subdivision 1 of section 591 of the  labor  law,  as  amended  by
 section  13  of  a  chapter  of  the laws of 2021 amending the labor law
 relating to the calculation of weekly employment insurance benefits  for
 workers  who  are partially unemployed, as proposed in legislative bills
 numbers S.  1042-A and A. 2355-A, is amended to read as follows:
   1. Unemployment. Benefits shall be paid only  to  a  claimant  who  is
 totally  unemployed or partially unemployed [and who is unable to engage
 in his usual employment or in any  other  for  which  he  is  reasonably
 fitted by training and experience]. A claimant who is receiving benefits
 under  this  article  shall not be denied such benefits pursuant to this
 subdivision or to subdivision two of this section because of such claim-
 ant's service on a grand or petit jury of any state  or  of  the  United
 States.
   §  6.  Paragraph (a) of subdivision 3 of section 591 of the labor law,
 as added by a chapter of the laws of 2021 amending the labor law  relat-
 ing to the calculation of weekly employment insurance benefits for work-
 ers  who  are  partially  unemployed,  as  proposed in legislative bills
 numbers S. 1042-A and A. 2355-A, is amended to read as follows:
   (a) Compensation paid to a claimant for any day during a paid vacation
 period, or for a paid holiday, shall  be  considered  compensation  from
 employment  AND  SHALL  BE  INCLUDED  IN THE CALCULATION OF A CLAIMANT'S
 BENEFIT FOR PARTIAL UNEMPLOYMENT AS SET FORTH  IN  SUBDIVISION  FIVE  OF
 SECTION FIVE HUNDRED NINETY OF THIS ARTICLE.
   §  7.  Paragraph (a) of subdivision 6 of section 591 of the labor law,
 as added by section 13 of part O of chapter  57  of  laws  of  2013,  is
 amended to read as follows:
   (a)  No  benefits shall be payable to a claimant for any week during a
 dismissal period for which a claimant receives dismissal pay[, nor shall
 any day within such week be considered a day of total unemployment under
 section five  hundred  twenty-two  of  this  article,]  if  such  weekly
 dismissal  pay  exceeds  the CLAIMANT'S maximum weekly benefit rate PLUS
 THE CLAIMANT'S PARTIAL BENEFIT CREDIT.
   § 8. Subparagraph (i) of paragraph (b) of  subdivision  2  of  section
 591-a  of  the  labor  law,  as amended by a chapter of the laws of 2021
 amending the labor law relating to the calculation of weekly  employment
 insurance  benefits for   workers   who   are   partially unemployed, as
 proposed in legislative bills  numbers  S.  1042-A  and  A.  2355-A,  is
 amended to read as follows:
   (i) requirements relating to total unemployment [and partial unemploy-
 ment],  as  defined  in section five hundred twenty-two of this article,
 availability for work and search for work, as set forth  in  subdivision
 two  of  section  five  hundred  ninety-one of this title and refusal to
 accept work, as set forth in subdivision two  of  section  five  hundred
 ninety-three of this title, are not applicable to such individuals;
   §  9.  Subparagraph  (ii) of paragraph (b) of subdivision 2 of section
 591-a of the labor law, as added by chapter 413 of the laws of 2003,  is
 amended to read as follows:
   (ii)  requirements  relating  to disqualifying income, as set forth in
 [section] SECTIONS five  hundred  [twenty-three]  TWENTY-FIVE  AND  FIVE
 HUNDRED NINETY of this article, are not applicable to income earned from
 self-employment  entered  into  by such individuals as a result of their

 A. 7959                             5
 
 participation in self-employment assistance programs as defined in  this
 section; and
   §  10.  Subdivision 1 of section 596 of the labor law, as amended by a
 chapter of the laws of 2021 amending  the  labor  law  relating  to  the
 calculation  of  weekly  employment insurance benefits for  workers  who
 are  partially unemployed, as proposed in legislative bills  numbers  S.
 1042-A and A. 2355-A, is amended to read as follows:
   1.  Claim  filing  and certification to unemployment. A claimant shall
 file a claim for benefits [at the local state employment office  serving
 the  area  in  which  he was last employed or in which he resides within
 such time and] in such manner as the commissioner shall prescribe.  [He]
 THE CLAIMANT shall disclose whether he OR SHE owes child  support  obli-
 gations,  as  hereafter defined. If a claimant making such disclosure is
 eligible for benefits, the commissioner shall notify the state or  local
 child  support enforcement agency, as hereafter defined, that the claim-
 ant is eligible.
   A claimant shall correctly report any  weeks  of  employment  and  any
 compensation  [he] received for such employment, including [employments]
 EMPLOYMENT not subject to this article, and the weeks during which he OR
 SHE was totally unemployed or partially unemployed and shall  make  such
 reports  in  accordance  with such regulations as the commissioner shall
 prescribe.
   § 11.  Subdivision 4 of section 596 of the labor law, as amended by  a
 chapter  of  the  laws  of  2021  amending the labor law relating to the
 calculation of weekly employment insurance benefits for   workers    who
 are    partially unemployed, as proposed in legislative bills numbers S.
 1042-A and A. 2355-A, is amended to read as follows:
   4. Registration and reporting for work. A claimant shall  register  as
 totally  unemployed or partially unemployed [at a local state employment
 office serving the area in which he was last employed  or  in  which  he
 resides]  WITH THE DEPARTMENT in accordance with such regulations as the
 commissioner shall prescribe. After so registering, such claimant  shall
 report  for  work at the same local state employment office or otherwise
 give notice of [the continuance of his] CONTINUED TOTAL OR PARTIAL unem-
 ployment  as  often  and  in  such  manner  as  the  commissioner  shall
 prescribe.
   § 12.  Paragraph (a) of subdivision 2 of section 599 of the labor law,
 as  amended  by  a  chapter  of  the laws of 2021 amending the labor law
 relating to the calculation of weekly employment insurance benefits  for
 workers    who    are   partially unemployed, as proposed in legislative
 bills numbers S. 1042-A and A. 2355-A, is amended to read as follows:
   (a) Notwithstanding any other provision of this  chapter,  a  claimant
 attending  an approved training course or program under this section may
 receive additional benefits of up to twenty-six [effective weeks]  TIMES
 HIS OR HER WEEKLY BENEFIT AMOUNT following exhaustion of regular and, if
 in  effect,  any other extended benefits, provided that entitlement to a
 new benefit claim cannot  be  established.  Certification  of  continued
 satisfactory  participation  and  progress  in  such  training course or
 program must be submitted to the commissioner prior to  the  payment  of
 any  such  benefits.  The  [duration] AMOUNT of such additional benefits
 shall in no case exceed twice the [number of effective weeks] AMOUNT  of
 regular  benefits  to  which  the  claimant  is entitled at the time the
 claimant is accepted in, or  demonstrates  application  for  appropriate
 training.
   §  13.  Paragraphs  (b) and (c) of subdivision 3 of section 601 of the
 labor law, as amended by a chapter of the  laws  of  2021  amending  the

 A. 7959                             6
 
 labor  law  relating  to  the calculation of weekly employment insurance
 benefits for workers  who   are   partially unemployed, as  proposed  in
 legislative bills numbers S. 1042-A and A. 2355-A, is amended to read as
 follows:
   (b) for not more than [thirteen effective weeks with respect to his or
 her applicable benefit year, with a total maximum amount equal to] fifty
 percentum  of  the  total  maximum amount of regular benefits payable in
 such benefit year, and
   (c) if a claimant's benefit year ends within an extended benefit peri-
 od, the remaining balance of extended benefits to which he or she  would
 be entitled, if any, shall be reduced by the [number of effective weeks]
 AMOUNT  OF  BENEFITS  for  which he or she was entitled to receive trade
 readjustment allowances under the federal trade act of nineteen  hundred
 seventy-four during such benefit year, and
   § 14. A chapter of the laws of 2021 amending the labor law relating to
 the  calculation  of  weekly  employment insurance benefits for  workers
 who are  partially unemployed, as proposed in legislative bills  numbers
 S.    1042-A and A. 2355-A, is amended by adding two new sections 31 and
 32 to read as follows:
   § 31. NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW  TO  THE  CONTRARY,
 UNEMPLOYMENT  BENEFITS  PAYABLE  PURSUANT TO ARTICLE 18 OF THE LABOR LAW
 SHALL BE PAYABLE IN CASES OF PARTIAL WORK IN THE FOLLOWING MANNER:
   1. DAYS OF TOTAL UNEMPLOYMENT.
   (A) FOR THE PURPOSE OF CALCULATING THE NUMBER OF EFFECTIVE DAYS  IN  A
 WEEK  TO DETERMINE A CLAIMANT'S WEEKLY BENEFIT ENTITLEMENT IN ACCORDANCE
 WITH LABOR LAW SECTION 590, A CLAIMANT SHALL EXPERIENCE A "DAY OF  TOTAL
 UNEMPLOYMENT"  OR  "FULL  DAY OF TOTAL UNEMPLOYMENT" ON EACH DAY THAT IS
 NOT A DAY OF EMPLOYMENT.
   (B) THE TOTAL NUMBER OF "DAY(S) OF EMPLOYMENT"  IN  A  WEEK  SHALL  BE
 CALCULATED  BY  ADDING  THE  TOTAL  NUMBER  OF HOURS WORKED IN A WEEK OF
 EMPLOYMENT, PROVIDED HOWEVER THAT NO HOURS IN EXCESS  OF  10  HOURS  ARE
 INCLUDED PER CALENDAR DAY, DIVIDING THE TOTAL NUMBER OF HOURS BY 10, AND
 ROUNDING  UP  TO  THE NEAREST WHOLE NUMBER. IF THE TOTAL NUMBER OF HOURS
 WORKED IN A WEEK IS LESS THAN OR EQUAL TO 10 HOURS, NO DAY OF EMPLOYMENT
 SHALL HAVE OCCURRED. A CLAIMANT WHO WORKS  AN  AMOUNT  GREATER  THAN  10
 HOURS  BUT  NOT  MORE  THAN  16  HOURS IN A WEEK SHALL BE DEEMED TO HAVE
 ENGAGED IN ONE DAY OF EMPLOYMENT. A CLAIMANT WHO WORKS AN AMOUNT GREATER
 THAN 16 HOURS BUT NOT MORE THAN 21 HOURS IN A WEEK SHALL  BE  DEEMED  TO
 HAVE  ENGAGED  IN TWO DAYS OF EMPLOYMENT. A CLAIMANT WHO WORKS AN AMOUNT
 GREATER THAN 21 HOURS BUT NOT MORE THAN 30 HOURS  IN  A  WEEK  SHALL  BE
 DEEMED TO HAVE ENGAGED IN THREE DAYS OF EMPLOYMENT. A CLAIMANT WHO WORKS
 AN  AMOUNT  GREATER  THAN  30  HOURS  IN  A WEEK SHALL BE DEEMED TO HAVE
 ENGAGED IN FOUR DAYS OF EMPLOYMENT.
   (C) A CLAIMANT WHO IS EMPLOYED ON A SHIFT CONTINUING THROUGH  MIDNIGHT
 IS  DEEMED  TO  HAVE  BEEN EMPLOYED ON THE DAY BEGINNING BEFORE MIDNIGHT
 WITH RESPECT TO SUCH SHIFT, EXCEPT WHERE NIGHT SHIFT EMPLOYEES ARE REGU-
 LARLY SCHEDULED TO START THEIR WORK WEEK AT SEVEN POST MERIDIEM OR THER-
 EAFTER ON A SUNDAY NIGHT, THEIR REGULARLY  SCHEDULED  STARTING  TIME  ON
 SUNDAY SHALL BE CONSIDERED AS STARTING ON MONDAY.
   §  32. SEVERABILITY. IF ANY AMENDMENT CONTAINED IN A CLAUSE, SENTENCE,
 PARAGRAPH, SECTION OR PART OF THIS ACT SHALL BE ADJUDGED BY  THE  UNITED
 STATES DEPARTMENT OF LABOR TO VIOLATE REQUIREMENTS FOR MAINTAINING BENE-
 FIT  STANDARDS  REQUIRED  OF  THE  STATE IN ORDER TO BE ELIGIBLE FOR ANY
 FINANCIAL BENEFIT OFFERED THROUGH FEDERAL LAW OR REGULATION, SUCH AMEND-
 MENTS SHALL BE SEVERED FROM THIS ACT AND SHALL  NOT  AFFECT,  IMPAIR  OR
 INVALIDATE THE REMAINDER THEREOF.

 A. 7959                             7
 
   §  15.  Section 31 of a chapter of the laws of 2021 amending the labor
 law relating to the calculation of weekly employment insurance  benefits
 for  workers  who  are  partially unemployed, as proposed in legislative
 bills numbers S. 1042-A and A. 2355-A, is amended to read as follows:
   §  [31.]  33. This act shall take effect on the thirtieth day after it
 shall have become a law; PROVIDED, HOWEVER, THAT  SECTIONS  ONE  THROUGH
 THIRTY  OF  THIS  ACT  SHALL TAKE EFFECT ON APRIL 1, 2022 OR THIRTY DAYS
 AFTER THE COMMISSIONER OF LABOR CERTIFIES THAT THE DEPARTMENT  OF  LABOR
 HAS AN INFORMATION TECHNOLOGY SYSTEM CAPABLE OF ACCOMMODATING THE AMEND-
 MENTS IN THIS ACT, WHICHEVER OCCURS EARLIER; PROVIDED THAT SECTION THIR-
 TY-ONE OF THIS ACT SHALL TAKE EFFECT ON THE THIRTIETH DAY AFTER IT SHALL
 HAVE BECOME A LAW AND SHALL BE APPLICABLE TO NEW CLAIMS ON SUCH DATE AND
 THEREAFTER  AND SHALL BE DEEMED REPEALED ON THE SAME DATE AS THE REMAIN-
 ING PROVISIONS OF THIS ACT TAKE EFFECT. IN A MANNER CONSISTENT WITH  THE
 PROVISIONS  OF  THIS SECTION, THE COMMISSIONER OF LABOR SHALL NOTIFY THE
 LEGISLATIVE BILL DRAFTING COMMISSION UPON ISSUING  HIS  OR  HER  CERTIF-
 ICATION IN ORDER THAT THE COMMISSION MAY MAINTAIN AN ACCURATE AND TIMELY
 EFFECTIVE DATA BASE OF THE OFFICIAL TEXT OF THE LAWS OF THE STATE OF NEW
 YORK  IN  FURTHERANCE  OF  EFFECTING THE PROVISIONS OF SECTION 44 OF THE
 LEGISLATIVE LAW AND  SECTION  70-B  OF  THE  PUBLIC  OFFICERS  LAW,  AND
 provided  FURTHER that the amendments to subdivision 1 of section 591 of
 the labor law made by section twelve of this act shall be subject to the
 expiration and reversion of such subdivision pursuant to section  10  of
 chapter  413  of  the  laws of 2003, as amended, when upon such date the
 provisions of section thirteen of this act shall take  effect;  provided
 further  that  the  amendments to section 591-a of the labor law made by
 section fifteen of this act shall not affect the repeal of such  section
 and shall be deemed repealed therewith.
   §  16.  This act shall take effect immediately; provided that sections
 one through fourteen of this act shall take effect on the same date  and
 in  the  same manner as a chapter of the laws of 2021 amending the labor
 law relating to the calculation of weekly employment insurance  benefits
 for  workers  who  are  partially unemployed, as proposed in legislative
 bills numbers S. 1042-A and A. 2355-A, takes effect; provided,  however,
 that  the  amendments  to  subdivision 1 of section 591 of the labor law
 made by section four of this act shall be subject to the expiration  and
 reversion  of  such subdivision pursuant to section 10 of chapter 413 of
 the laws of 2003, as amended, when upon  such  date  the  provisions  of
 section  five of this act shall take effect; and provided, further, that
 the amendments to section 591-a of the labor law made by sections  eight
 and  nine of this act shall not affect the expiration and repeal of such
 section and shall expire and be deemed repealed therewith.